h THE WEATHER FORECAST. Fair fo-day and to-morrow; diminishing west winds, culled weather reports will be found on pa ;e 15. VOL. LXXX. NO. 87. NEW YORK, TUESDAY, NOVEMBER 26, 1912 Copyright, 1012, by the Sun Printing ami Publishing AuoclaUon. PRICE TWO CENTS. HIDE TESTIFIES N HIS OWN BEHALF Wife nnd Son on Stand to Trove Alibi for Ex-City Chamberlain. MAY CALL MOTH ICR "Mysteries'' Whitman Dwelt On in Opening Prove Xo Secrets. ST F. I' K I M A K KS .1 1' K Y LATUM Justice Ooff to Pusli C'iim to Fiiiii.li To-morrow if J'osillt. Charles H. Hyde. hl wife nnd lilt f urtecn-ye.ir-old son all swore yester day nficrnoon that the ex-Clty Cham berlaln, now on trial on a bribery charge, could not have compelled Joseph G. It. .bin to promise that the .Vortliorn Pank would loud tin- Carnegie Trust Company $130,000 between :3o and S o'clock of the evening of August 22. 1P10. because after a motor ride from h.s on.ro. 00 Wall street, be had arrived in bis home at ltolyn, I,. I., In tim,. for . T o'clock dinner. There will be other witnesses to this alibi. It is said. If they are required, one of whom may be Hide's mother. II was admitted that the defendant bad met Kobia in company with Will l.'.m J. Cummin, and .)oeph I:, ltolch mann at the otlice. but It was contended that there was 11 desultory conversation of only 11 few minutes, during which le thins was said concerning the de mands .if the Carnegie. Tnut on the X irtl.rrn Hank. Witnesses to this oon-vcr-.itlon who will verify Hyde, .state ment will, It is said, be Cummms and Ilelchm.inu themselves, who .1. ready s have been convicted of Illegal a , iii their management of the defunct b.mu. in? institution. ir Winn, to l-lnlt.li To.imirrou. Altogether It was n day of swift inl ine incident In the Criminal lirancli o.' the Supreme Court, where Justice iofJ 1. determlneil that the trial -hall bo over In time to let the Jurv en; Thanki'glvliig dinner at home. The prosecution played ltd hut trump card In the morning, when It called John V. Smith, Hyde's prlmte secre tary, to tell about the $1 1,000 loans ob LiIiimI from the Carney.. Trust, and Introduced evidence .it.ou: t'u- fl'.OO" I ans to Charles I'. N ,,t on, time a newspaper man and I ii.-i .1 pro moter, for by till" m Mr a. e 1- was snusht m show whore tin- material benefit to Hyde came in. lint in tha' stage it was apparent t;.at b .:h sides claimed a victory. It was shown that Smith and Nor cross had the money, ami that nearly nil the Smith money went Into Hyde' bank account, but tho proserin! n wn somewhat nonplussed by having the de fence readily ndmlt that t.io money w.n obtained on Hyde's Indorsement or on bis guarantee. In the matter of the Smith note. how. rrr. In which District Attorney Whit man had declared to the Jury there was n secret Indorsement or guarantee by the then City Chamberlain, the tru; i miony's books vliowed yesterday tnnt . : irre was n plain record of the fact tha! ' !'ie note was Indorsed by Jlydo. 11 do admitted the transaction and said it vas a mntter of legitimate business, tin "nuir being paid when they wet., due. That left the prosecution without anv .vldotice tn show that Hyde benefited ! any favor, nccordlng to the defence. II air Klltlnflc Hot II SI. Ira n Witness. Hyde himself, on the stnn.l for an V.r.ur and a half, was a witness who soinied to ploao both prosecution nnd defence. for tile defence. It wa a .'ortod, after establishing an ullbl In the olobrntcd Itobln mooting, he hail r. plalnedyhnw he came to take up with v Ciimtlns and how he came to give ' (jV.NpjrToy to the eight banks, giving the ffnmes of tho bankers who had pre T nlled upon him' to do so, and then had Iliad! categorical details of nny knowl edge of what Cummins may have ..said fv to tho bankers. T The prosecution was satisfied, It said, because It had managed to make the relations between Hyde nnd Cummins very close Indeed; It had them writing letter, particularly Cummins, who wrote In terms of extravagant friend ly ship; and It had from the witness an admission that, despite adverse reports about the company, he had never mad" any special examination Into the con dltlon of tho Carnesie Trust, which was reported to be precarious. Hyde's defence to nil this Implication that he did not exorcise vigilance Is a letter written to him by tho late Jordan V, .T Itnlllns, counsel to the State Super intendent of Hanking, and a statement made by Clark Williams, then State Comptroller, but Jut before that Hank, lug Superintendent, that 'William J. i ummlns, a financial wizard from the South, had' rehabilitated tho old trust i company lo such an extent that It had oven enllfjted Andrew Carnegie's moral N,--""" Mipport. Urorrtary Smith Trlla of l.nnna, Nathan C Hayes, socrelary of the Guardian Trust Company, the first wli nej.., was on the stand long enough. to swear that no American Tobacco Com pany money ever came to the Institu tion for Its favor to the Cummins gtotip, and then Wllford K. Fulchor i f the otlice of A, H. Loach & Co. gave mine technical testimony about hand-1 bug tho. city bonds on August 24, where, by the Northern gave tho $130,000 to the Carnegie Trust Company. Then fmc young Sir. Smith. i Ho was, ii ml Is, the secretary to tho Continued on Fourth J'npe. If you wlhMyllh ryn.'lM rail t Sprnrrr' t"A Vlrlchl or Toilc 1'rlililfs. 7 Mnklcn iJnc, DOUGLAS'S PAY GARNISHEED. Member of I', s. Il.mr.l , Hrlnllt if III., Mtml 'n 1!S.N n Wrfk, Ai.tuvv, Nov. Supremo Court Jus tice liudd to.il.iv Issued an order under the garnishee law ngalnst the $15,000 salary of Stale Public Service Commls sln Curtis N. Douglas of Alb.inv. .Mr, Douglas sat to-day for the tlrst time us a member of the commission, He Is a brother-lu-law of Gov. Dlx. lie re fused to-night to discuss the matter further than to say n Judgment secured 1. 1S!U was Involved and that he was defrauded In the first Instance. Mr. Douglas's salary of $i;,,ouo a year Is about Jl'fiS.sC a week. The new gar nishee law allows lo per cent, of ti man's Income to be deducted to satisfy a debt, which means that 1'S.84 will iie taken each week from the Commissioner's pay. The Judgment against Mr. Douglas was secured In New Vork hi May. mil, I'V William S. I.awson and Harry 's, Day, Minlvlng members of the Inn 'of w. S. I.awson & Co., a New York- brokerage concern now out of business, a tran script of the Judgment was llled In the county clerk's olllce bete on July L'0, 1311. and an execution was levied on his property by the Albany county Sheriff on July ot that year. It was returned uusatlslle.l nnd no further m'tlon was taken by th,. creditors until' tu-dav. NAVY ADOPTS MORSE CODE, "eeri-liipj It. llUeontloile llrrr sic iiiiN Wlicn Men II room I'roMeleol. WsiiiuTi.. N..v. 2.-,.- Secretarv of the Navy Meyer has directed that the Inter I national Morse code of signalling ho adopted Immediately throughout Hie naal service, replacing the Meyer code The Meyer code will be discontinued , altogether as soon as the signal rorcrs of the ships and the shore stations shall become sulllclontly prollcleut In the In- tern.itloiial Morse. I The Miirso code will bo applied to the , wireless, wigwag, occulting light, s.utnn sm-niiis unit ttie Ar.lols and ery methods of signalling. ELEVATED TICKET AGENT BEATEN DOWN AND ROBBED Von Uroinon FoiiIit Hiuliw iii ii ii in (iraml Street station Till rnt'oiiM'iosiN. A lu'sliwaymall iittaeked David Von Hiotnen. the ticket agent on the south bound platform or the Second awnue elevated station at (iranil and Allen streets, at 7.30 last night with mi 'iron bolt and got away with $1 K, after hu had ! beaten th" agent into unconsciousness. Although this station is above one of the busiest corners of the city no one was present to interfere nnd the highwayman with hi- coat and hands smeared with the blood of the agent disappeared up Allen street Von llrnineii.uhoi:nand lives ut of 110 I'ro-pect pin... Ilrooltlyn. lias bocn em ployed by the road lor eighteen yenr. When he got t.i work last night he saw a young man m the waiting room of the station. He was at his little window when suddenly he was struck a glatu ing blow on the head which bit into In scalp, but did not knock him out lie turned ami received another blow which la.d bis cheek opn. titd as the agent is he grappled with the other, who was wielding an iron bolt eight or t'-n inches long. The net blow landed on the agent's chin. Th"ii tho highwayman struck once more at the agent's head, and probably thinking lu ll. ;1 s'iit enough time at the job lie reached his hand into the pile of quarters, dimes and nu keU on the counter, thrust a lumdful of them into his pocket and run away. Harry Mocowitz, 210 Kast Sixty-third strer-t, was beginning an ascent of the stairs when he heard the sounds of scuf fling above. A moment later the high wayman ran past him. Von Ilromeu was taken to Oouvornour Hospital, where it was Mid that the blows i. huvo probably caused a fracture of the skull. He was able to give his story to tho oliee. Detectives found the bolt with which th" assault wns done, u gray cap, with the name "I'ussey" stamped inside it, and on the floor nu oen oolot knife. There was $7u in a drawer which the thief over looked, and Von Hromen had $wt of his own money in his pocket which was not taken. le says that ho thinks ho can identify tho highwayman if tho police arrest him. No report of tho holdup was given out at I'olico Headquarters. MAUD MAL0NE WILL TELL ALL, Mrs. O, II. P. Ilelinnnt Doesn't Cnre llnrr Mnny Men Come lo Hour. Miss Maud Malone, high ptlostoss of heckling In the recent campaign, has found u friend In Mrs. o. II. J'. itel moiit. Next Monday evening, Decem ber '1, Miss Malone Is to tipcak at the headiiiatterh of Mrs. Ilolmont's nocloty, la Hast Korty-llrst Htrcct. "And she is going to tell the truth about her recent urrcst," declared Mrs. Ilclmnnt yesterday. According to militant Maud's new friend the truth Is ptctty bad. She declares that It Is a disgrace to Ameil can men that any of their number should have handled any Woman as. Miss Malone was handled on Hint his toric occasion when she Interrupted Candidate Woodiow Wilson In llrook lyn. "She Is going to ghe all the delalls." said Mrs. Ilelmonl. "And wo don't cue how many men are in the audience to hear them. It won't bo pleasant, but It In .time that the truth was known. Al her trial Mlrs. Malone did not loll how she, wnti treated nt the time of her arrest. "She was conducting herself then with wumanly reserve. Hut it didn't seem to have much effect In securing Justice for her, so now she In going to speak with absolute frankness. And I am glad of It. The Improprieties which wore perpetrated at the Hum of her ar rest were an outrase." '.n unmlllKnlrrl ilrllKht tn anilmilr with htimnr." Mti Ihr (ilobr of "A.VA'I'OU" nuw at the UTTLIJ I'llKA'l'lttt.-Aitr. BURN WHOLE CITY,: MlMMSfM Sought Wreck by Kiie nnd P.oinb of '"Hilled Los Angeles." WOl'bl) HLAST CANAL Not Satisfied Willi That. He Wanted to Kaid Motor Speedway. .MrMANMi.U TKI.I.S OF IT lie Win to Have llccii 'I'ool in I'l'viistntiiiu' Wnr Kill Hums Stopped In. , l , UNAI'OI.IS, N'OV. 2,1 HlHull'J John J McN'ainani had become within a week of his a 11 est by the Hums 1 lei "i Iivim and to what lengths lie proposed to go in 'cnirying out the great dynamiting cam paign of toil was the story that Ortie V, McManigal told on th" witness stand 'to-day in the dynamiting cases it came al the conclusion of th" evidence of the self - confess..,! dynamiter and was a fitting liualo to 1 evel.it ions that bared the plot and which the (loverutuent ex pects will send the forty-live men on trial to the s'tiitenliaty under cumu lative unteuees that may nggregalo thii-tv-seveii years l'or some reason John J McN.11n.1rn felt a strong resentment agains) the city of l.os Angeles and he rarejy spoke of it without an oath ilis brother had made his getaway after dynamiting the l.os Angeles 7'fti.rn and kilting twenty persons, but somehow J. J. could not get over tin feeling that there ought to be a larger programme of dest ruction for that city McManigal was around headquarters in April. Hill, and oil the seventh day of that month the plan was unfolded t. him bv John .1. It provided for one of the gieate-t outrages of modem tunes, the setting of I numerous llres in diflerent parts of the city with machines made for that pur pose and tlie coincident blowing up of the waterworks system so that the fire depart- I ment would le helpless in extinguishing the tiiimes. I The time of the event was to be fixed I so that the lire would lie carried to all larts of the city by favor.ibl" winds and , the place would U- wiped out of existence Another plot of which McNaniani spoke, but which did not reach any pur ticular development of ir.eans in their 1 conversations, was lo orgai'i7e for a 1 holdup at the Speedway in Mav following when he said there would be not les than $l.V).(i from receipts in the efllo-s of ill" Speedway company. '1 he plan ' was to have the holdup men provided with automobiles and to make the attack at a certain hour when the crowd'- atten tion would bi rivet ted on the rares "We may have to kill two or throe. I but what the hell is the difference if we get the fi.Vi.iKKi''" said McXatiura. I 'I he union socrelary. accordin;; to the dynamiter, said lie had a pin 11 to put the Heaver Hridge "into the creek" jusi prior to letting the dynamiters go on another 1 hunting t rip which was to follow shortly infter the proposed Detroit dynamiting ! If not sending McManigal on a huntit g 1 trip, said the witness, MeNum.irn said ho would send. him to Pan." in i lo blow 1 ii) the locks. McManigal said lie asked jif the explosive would be carried all the way to l'anama, but .1. J said it was manufactured down there and the dyna miter could steal a whole magayine nnd dump it Into the locks." McManigal Vaid lie point. si out that there were too I many guards there. He testified that ' !. .1 suggested Hint he enlist in thecrtuy (as lie had previously served in tho San . ish-Ainerican war! and be (Mailed to , i'aii.im.1, but Hi" dynamiter pointed out that the enlisted man had nothing to say ' as to where he was sent I "Well, go down anyway nnd put it in I by tile wagon load," he testilled McN'a- tnara said ! McManigal told of the trip be and j.l It. mole from Toledo to Detroit; or .their crrest at Detroit, where they were j accused of being safe blowers who hid i done a job at Chicago tho preceding. 'Saturday night. He told of wli.it no leurred on the train, saying J. It. said lie I knew he was wanted at Los Angeles, but he could prove the explosion there was due to g.is I "I've got the whole l'odoratlo!l or Labor back of me with a mil'ion dollars." 1 was a bncsl McManigal slid J It. mid" i "Yes, you hive a whole lot of ganon your stomach you are trying lo ge! rid of," ! McManigal interposed The dynamiter told thn story of how ,) II. tried to bribe Cuy Hiddinger. the Chicago detective, lo let thorn off Hie train, beginning with S.l.noiifitid dually ralslni', this to $no.ii. ! s!ms1 by Hiddinger where he could ohlnin Hi" money J II. aid ho would gel il from his brother. .1 .1 McN'amara 1 "II you don't lake lho $:t'l,(l').l Clarence Harrow will gel i," st'id J. B , according 'lo the witness, saying nisi at annthor 1 time: i "Cls'ono'i D.rrow for mine." Tailing in eflorl to bribe, said MoMani gil ..I. II. threatened that ho would see t that a gang "got" every one of his rap. i tors,. I MoManlgal lold of being taken lo Do ' teclivn Heed's house in I hicago, whore in 'a conversation J. II. wild: "livery man j for liimu'lf " McManigal said that in I a conversation later with W. J. Hums, ; he (McManigal) told in Kiibslnuoo what he knew about (ho dynamiting plois. lho dynamiter ,hen was tinned over to tho defenoo and ci'oss.examiuatiou by Senator Kern was begun. McManigal in reply to a (iieslio'i or foiillniirtl nn 1'iuiith I'ttyr. ii- .j.. . . file I.OIIZ :illl2 II I hlnr... f'Hrln ',. All cxqiiblle yniv of ('hlii.e riiiliriiiile ili s, n. tlnue rug).. e.lilbllcU at llitir klivtvrguint,' ruin at,-,iuv, CITY MUST FACE WARTIME SUIT. .Insllee ItcfnscH In IHniiiIiis llrnft Hint lliiimiue I'nse. Siipieme Court Justice New burger denied y stei t'.iy an application by the cllv of New Voik to dlsml's n nut: I'l-ou.tht In 1 St; $ by Charles K. Appleby to recoM r $10.ri00 d. linages because the I Intel Allertoii. which he owned at I'levenlli .neiiiif and Forty-first street, was d'stro.M'd .hiring tlx- draft riots In Im'.S. The Hoard of Hupet visors p.Tsed 11 re.olutloti lit ISiJI granting !7,:;i;ii lo Apphhy 011 his claim, but ho 1 efused to accept les. than the amount asked lor. and the money was never paid. Meanlhuo everybody connocled with the lltlgalloll has died e(,'ept .Mr. Appleby, lie lilted a now lawyer a few months ago. He asked Comptroller l'lendetu.. to pay Hie $",P.O0 slanted by the Supervisor nearly llfty years .il'o, and the Comptroller refused. Then lll. atlot'lley llled notice of lllal of the ancient ult. , The city", contention was Ihat the delay was due to the plaintiff, and Hint ilie dty Is now entirely al his mercy ln-v i 'i It can llud no wllne.ses to call, .in lice Niwbiirger decided that the ' '.'i.v In the til.il was as much the city's '. .' as Apptcli 's. and upon the plain ! rl's ameei'ii nt Hoi to demand Interest from Im;4. th.' court denied the city's application for a dismissal. WOMAN DARES HEll GATE S inis Out a 111! esi'iie Scliiiiucli After Two .Men Hail Cone Down With UN lioat. ! Mr Caroline Phillips, a widow .Ml year i old of "s lloyt aonuo. Astoria, swam '.'imi leet out from th- storia shore of Hell (int.- early yesterday morning and saved from drowning Pidicenun Otto S.-'omu'-k of tlie Hast '.'Cth street station as he was floatin ; unconscious on the tide after two companions had been drowned when his thirty-five foot motor lioat Pilot was hit and sunk by u car lloa of the New Huron railroad. , The men lost were Joseph Willoclcs, a bartender of .'.17 Kast 140th street. The Hr inx. a d William Livingston, also a ; bartender, living at Park avenue and Nintieth street. They were in tho cabin when the boat went under the bow of the barge. Their bodies have not boon ! round The Pilot was ntnniu; up through Hell (!ate with Sclimuck at tho wheel. He had thirty hours off duty and liad asked a couple ol Ins friends to g fishing with j him. They had nuul an early start frotn the foot of Kast 125th street and ' were heading for Port Washington. Sclimuck would not liavo lieen saved had not Mrs. Phillips soon him drifting ' lust, liis Ijody buoyed up by his big over coat She swam out and towed Schmuck to tlie shore. Her cries for help were ! answered by a butcher Uiy, who took tho now half conscious policennn in his wagon lo St John's Hospital. Sohmuck's condition is serious, but he was able to give tlie polits. something of a story as to how tho accident hapM'tied. He wns steering tlie Pilot, ho said, ' and was just rounding Hallett's Point i when the car float loomed up ahead, 'lho bow of tho float passed over the Pilot, sending jt to tlie bottom with the i two men inside. SAMUEL G0MPERS ILL IN BED. President nf l.alinr Federation Knf- fpr From Heavy f'nlil. Kooiir.sTnn, N. Y., Nov. 23. Fatigued ! and sulToring from a bad cold Samuel llompors, president of tho Amorlcnn ' l-Vderatlon of Labor, Is In bed In his room In the Hotel Seneca. Ills condl ' Hon is not regarded as serious, but for , fear Hint III his rundown condition tho I cold might develop Into pneumonia his i physk.an, Dr. Camp, has ordored com ' plete rest for several days. I (iompors was scheduled to address the building trades department of the A. f. 1 of L. convention, which opened this morning, but bad to give up and will i return to WasHngton as soon as he re covers sulllclen tly to travel. iWAS IT MERELY HORSE SENSE? I'nrl. Widow's Itnlry Culled In II nee ' fur I'nrsp mill llnsbmiil, j Spmnl tithle Itnratch tit Tin: Si v Puns, Nov. 2.V- The courts here to- j day ruled out a suit for damages, fraud and nrcncii or promise brought ny aimo. I Lublti. Ci'i years old, a widow, against I M. I'oiuiue, but before the case was thrown out Mine, Lubln had n chnncc i to toll all about the romance which has Hills been shattered. She, It appears. Is a wealthy dress maker and wanted her colors borne to i victory on the turf at Auteull and IVms I chumps, both because of the sporting blood In her nnd because advertising 1 pays. Tints she met M, fouque, who i agreed lo help her, nnd with 4,000 francs $M)0l of the widow's money he bought the horse (lladlator. Just lie. fore she turned over the money to lilm ! ho asked her to marry him. She con i senled, and It was agreed that the won , ding should be held when (llaillator won h!s llrst race. Just what objections lo the marriage , the racehorse had i ould not be learned, hut In everv race be was entered he , lagged behind the rest, while Mine. Lubln, from the stand, urged lilm on to ; win her a purse anil u husband. At last. In despair, she appealed In l''niiiii(.. but ho stood Mini, and said, '"iinly when lho horse wins." (Hatha ' tor won not a race, and the suits fol low rd. IVnrevlleh Well Aiciiln, r"il t'H'ile lifipnich In Tim Prv CiiruNiiAia;:;, Nov, ".". Tho Czar has sent a me.'sagn lo bin mother, the Dow- .' ngcr C.at'lna, who Is here, nrsuring her , that the CVarovltch him completely re covered from his recent severe Illness, The Czar ndds that a relapse Is not feared. Ilirrr l.l..lnnl (titer linleniMi nt llrlrnn. Vlrk.lmrr MrmnhU I'e.tohcil hv .StlPTIIKIIN IIAII.WAV: itiaenin. ...... .i.ii.. ih,...,.i. n .i..iini.,K.i ..t. ri vnllnii. OmnlnVriinm, Mutrrntim cms.' ' Pn- , siirpiiKkisi (lining cur srrwrr. ft. i omcc, .'81 j I'lllli .Uc, cur. :9lli ilt.-Ailr. 10 AGE ON VERDICT Si'iitls for K.vliibitsniitl Wranuli's for Six Hours After Court's Clmryc. .It'DliK Ol!lKI!S TIIK.M HACK jOnc Itcpoi't Is That Nine Men Were for the Con vie) ion of Prisoner. CoSllUN, No. The Jury which tried I'.urtoii W. (llbsoii, moused of miirdeiitiL' Itos.i Men-calk Saaba In July, I , ,.i ..vioel: tilt- .ooi-nlnir that ! ' ,. ... ..1 1 ,i.i t,, it could not agree and asked that JUS- 'zjrst; s;;,,::i,,::!;,e ',' ,;ro t : ; (oiivlcllon. I tine Juror was quoted as saying that I he would refuse to coin let "till hell freezes over. ' Assistant Dlsttlct Attorney Murphy i'ii Id nt midnight that whatever the re jsult Clbsoii would not go from the lourthouse ti free mail. He will be ur ifsted mi a wartant charging lilm with grand larceny, sworn out by Hugh Tialncr. u former client of Cibson, who I alleges that the lawyer defrauded lilm I of $17,000 two years ago. Jll-Hce Tompkins took the bench at o'clock. (Jlbson pale but calm sat at the counsel table beside Ills wife, who 1 1 was trembling violently as the twelve men lined up. I'oteman Hicks reported that the Juiy could not agree and a number of questions followed by various Jurors. I The Court ordered the Jurors to go j back and make another attempt to agree. I .Mis. C.lbson remained In her hus i band's (ell while he had his supper. As she left the Jail by a side door, she was served with an order In connection , with proceedings to get at the where iabouts of money, trunks. Jewelry nnd other belongings ot the P.osa Szabo estate. I Justice Tompkins took two hours nnd twenty minutes in delivering bis charge, following summing up for the defence by Ilobert Ft. Hlder and for the State by Assistant District Atttorney Wasservogel of New York. The chargo was accepted by both prosecution and defence as fair. Court was late In opening because Hit court was Informed that Juror No. 5, Hurry Twccdle, a farmer of Mont gomery, had been seen talking with a man In a saloon lust Krlday after the Jury was excused.- Tho Justlco was closeted with the Juror for ten minutes and the trial was then tlnishxl. Tho summing up by Mr. Klder took all tho morning and half the aftcrnon. It was S:"0 when Mr. Wasservogel gave way to the court. The court began the charge by a statement of the accusation ngalnst the defendant, followed by a definition of circumstantial and direct evidence, an exposition ot tlrst nnd second de gree murder nnd emphasis on the legal theories of "presumption of Innocence" and "reasonable doubt." In reviewing the prosecution the Jus tice, after referring to the findings of the three doctors nt the autopsy, said: "Mlnturn, the storekeeper, saw two peo ple In n bent over position. The man was clasping the woman with his left arm. He brought his right ami up to the tipper part of her body. Then the two went out of the boat together. He saw something behind the boat nnd then saw the man turn the boat over, nnd ho throw one arm over one shoul der und the other over the other shoul der and then he disappeared, later to ! reappear. ! "Witnesses have testified that on the , day of the drowning, or I should say I happening, the defendant made differ 1 ent Inconsistent statements rognrdlng the deceased. If these Inconsistent, , contradictory and false statements were ' made by tho defendant why were they , made? "Why did he say she wns In Chi cago, when 111- knew she was dead?" I "Why did ho say she had no relatives :nnywhepo'.' What do these thltigs Indl I cato as to the guilt or Innocence of the 'defendant In connection with the death j of Itosa Szabo? ' "If her death had been an nccldcnt would be have told these stories, or I would be have frankly told just how the accident happened?" , The point against the defence that I the court repeatedly emphasized was : thus expressed: "If there Is a living person who claimed to be Petronella Menschlk and I executed the waiver, and who claimed I to be entitled to the money under the win, way lias sue not lieen produced as a witness at the trial o her absence accounted for'." Mr. I.lder In summing up said: i "ii,, rv... n r,.i rti. ,.... fo. asks for a fair chance. Ho hasn't had lit. Hounded and persecuted by yellow j Imaginations, he had to get Into this I court to get his fair chance. I "As for Mlnturn, he bus a most pecu- liar memory. The details he glrcs come from his imagination. And If ! you eliminate Mlnturn you can't con ; vlet. j Mr. Wasservogel In his nddress after ! reviewing Glhyon'a uctlons after tho I wonian'H death said: 1 "Are these the actions of an honest , man? With what phantom broom does , the defence eNpect to brush aside all the facts which give the presumption I of evidence In this case such a Jolt?" In .elnslm.' Mr. Wiisscrvogel said !l'u ..I l..ni. .. MM... "" " O SliUI. I.Ol. IIIIS ....... ......... ...... mm i.imo.i, uin ,,i-, u . nmiii, inn crook always overreaches himself. That man has tried to mako you believe what hu knows In his heart to bo fa be." The clo'lng visibly nfTccMl the wife, us well as the lawyer. She seemed tor loi stricken. uiMY-M'tvv I'ooriui.i.. Sntiirdii'v. Nmritibrr m. KrnnUIn i irlil. phlia.1 iiriinua. ixnnsy n n ma. nniiriaii spri'lM irnln llirrl tn itrnunils enr I'rnr.sylvmiln Slitlne, lii;;.i ,. si , iii'i.i . m , ue.m ,. ai . nil imrlm catk aml .I'nl'iu mis; in .S5 A M., nil re-v-hm ntal ill nine csr. I li lii rnln ? ri) inlmili's nflrr ciMiie, Poanil ll.'P. A..!Vni. Prdilr-l;. A. U. P. A., Ml nttli j Atuue. New ori.- Mi. Q0V. WILSON SAYS HE'S BETTER. AtlncL- of Inillumt Ion Prevents 111 A lxlllnir (.'olnnlnl I'urtlnmenl. fptrlal Cable Denpatei to Tim Sis. Hamilton, llermudii. Nov. 2C Presi dent-elect Wilson, who suffered nn at- j lack of acute Indigestion to-day nnd wns prevented from attending1 the ses sion of the Colonial Parliament, says he is better to-night. .Sir Thomas Watson, the Rpenlter of Parliament, nnotinced nt the beginning of thn Parliamentary session that Mr. WHVoii would be there, and it there was no objection he would come be hind the bar, where thu Spcauer's throne Is slhintod. Air. Wilson says he will go to nee the piny "Our Mutual friend" on Thursday. When informed of the death of Sena tor Hayner the President-elect made Hie following statement: "I learn with sincere regret pf Senn- lor Jtayner's death The country lias lo"! nn able nnd patriotic servant It .will be very difficult to replace him." phqwns in 2 inches of water fiiiruRp Helper Found Deed nt Hoi- loin nf Klrrnlnr Slinft. frank .1. Meyer, a helper In the Hud son Hirer (larage at 13.1 Amsterdam avenue, started yesterday afternoon to ball out the water which was standing two and a half Inches deep on tho bot tom of the elevator shaft when he fell forward Into the water and wa drowned. Some time afterward Cieorgo Holme, the garage foreman, who had set Meyer to work, went to see why the Job was not llnlshod and found thn helper's body. WOULDN'T PAY WEDDING FEE, onVrril 2, ClerKj'nmn Ankrd t(), So Poller Flnnllr Hunt I'nrly. Isidore Torce of 79 School street, Yon- kors, took Hose Haggon and a weddl..g party to tho rectory of St. Anthony of Padua yesterday and asked tho Rev. Michael Uaruddl how much It-cost to tie married. Tho priest told him $10. "I am a poor man," said Torce. "and can't afford to pay such a price. I'll give you $2." Tho priest stood firm, and Torce be came excited and let loose a string ol abuse, father Hnruddt called up police hoaibiuarter.s nnd four policemen were sent to the house to drive Torce nnd his companions nway. HOSPITAL DOCTORS WALK OUT. One nf Qnnrlet Waa DlamUiiril, Three S nipnthtird. The four young doctors acting ns Internes nt the J. Hood Wright Hos pital, 131st street and Amsterdam ave nue, walked out on strike at noon yes terday because the hospital authorities Insisted on dismissing one of their num ber on a charge of neglaal i ml duty. 1 Iist night there was n new staff of attendant physicians at the hospital nnd the striking doctors hnd been told that they could not come back. Those who walked out In a sympathy strike are Drs. f. M. Carrol, C. C. Hlckens, Stone nnd McNenl. One of their number was dismissed by the bos ptlal authorities, though which one could not bo learned. Itefore leaving the physicians offered to co-ipronilse the matter with the au thorities and remain on duty If they would consent to grant the dismissed doctor his diploma. This was refused. CHOOSE HOME WITH AN AUTO. Children In Court I'rrfrr Ii'nolr nnd far tn fJrnnilniothrr. Surrogate Ketcham of Hroohlyn per mitted two little children to choose yes. terday between two homos, one offeroit by their grandmother, Mrs. Kllzabeth Benson of 329 Schenck avenue, nnd tho other by an uncle. Dr. Charles n. Gard ner of Schermerhorn street. William Gardner. 10 years old, de clared for the uncle quickly, nnd his younger brother Joseph was not long In following. They loved their uncle more than their grandmother, they In formed the court, nnd the younger an swered gravely that he loved tho auto mobile too. The children have made their homo with their uncle since the death of their father, Joseph Gardner, who wns employed In the Corporation Counsel's In denying the grandmother's petition Surrogate Ketcham said that he be lleved It was made In good faith, but thought the children were getting along very nicety with their uncle. MARY GARDEN TAKES WEE NIP. Trains nn PnrrldKr and Tlint Which Scots Hold Itenr. Mary Garden nrrlved from Kuropo yesterday on the North German Lloyd "nor fJ(,nrgo "Washington with a hard I word for woman suffrago nnd a good word for Scotch porridge and lots of sleep. Miss Garden said that the rea- i 1,lat 'sll(! as H,1 ls la '""cause of mo porridge nnu going to lieu early, i She trained herself In this manner last ' summer at her country placo near Aber (Icon. Porridge, plenty of sleep nnd now i and then a nipple of what Scots hold; mart dear Ih her recipe, for keeping In form. Miss Garden has bought a large cover for game In Aberdeenshire and expects some good shooting next year. SPECIAL CAR FOR GUNMEN. Mirrirr Will TnUr Promotion Tn- liny In I'revrnl llrnciie. Sheriff llarburgcr announced ycslcr- day that as a result of two anonymous I,,,,..., ,.., ... , ,h ,. J """" mil"' il llll! Ulieiuooil .. n,.,l wnrillnir him Hint nn iillmoni ,..t 1 1 . "a' " . ., . , . 1,1,1 ul11, ," i," ik. , . Ji i .." . 1 .....' . n ". , : I'"". : necessary ho will probably engage a ' special railroad coach for the trip imil will not risk hiking his prisoners Into . an ordinary day coach. Ten of his deputies will accompany him, ho mid. Tho Sheriff wald he had arranged tn Oin nle Ossin i dear of suspicious person all after-, J non 1 .V TI.'SI' OF RAII.IIIMI) l'.l'Klt'll'.N'Y." IkaU this avtrilmcnlou pace lu.-i(r. AUSTRO-RUSSIAN TENSIONA MYTH Invention of Alarmist News papers Who Fail to Un derstand Situation. OPTIMISM PREVAILS Both Von Berchtold and Sazo nofT Amicably Following Definite Policies. A DAY OF MANY KUJIOHS .Servians Snirt to Bo Preparing for Conflict, nnd European Bourses Tremble. 1'iom a .ipcclat correspondent of Tub Stt.v. Vikx.va, Nov. 25. No news is Rood news. The international situation is exactly as it was yesterday. Even tho soinhro medium through which joumalistio spheres delight to con leniplato it remains tho same. Their alarmist comments of yesterday are merely paraphrased to-day. My telegram of last night was re published in Vienna this erening with the explanatory conjecture that I mav have arrived at my optimistic forecast by learing out of consideration tho official Russian attitude. As a matter of fact the contrary is true. I baso my judgment on tho attitudo of official Kussia and official Austria nnd on the assumption, for which I have good grounds, that in both empires tho policies of tho respectivo monarchs will prevail orer tho impulses giren by irresponsible groups or anonymous forces, however well intcntioned. If by ignoring or making light of Russia's Joral policy or M. SazonofT'a authority to carry it out that section of tho Austrian press reaches tho con clusion that the situation is grave and frightens investors into throwing so, curitics on the markets, the readiness of those publicists to misjudgo official Russia at all times detracts their ad thority on tho subject'dnring the present crisis. Russia is littlo known to them. Thn fantastic notion is now current here that the St. Petersburg Cabinet is bound to take the next move and that erery thing will depend on whether it climbs down or maintains its present uncom promising attitude. In fact tlie report was spread that it was believed tho Clerman Kmperor has undertaken to persuade, tho Czar to abandon tho present provocative policy and to striko a more conciliatory course. All thoso things" are fancies. Retweeti Kus.sJa and Austria there is hardly more diplo matic tension than tliero was six or twelve months ago, nnd judging by all causes now operative there is no prob ability of there being any. M. Sazonoff's policy is pacific. It is sanctioned by the Czar, and tim imperial Government disposes nmplo means to realize it in every detail de spite nil opposition. If it were other wise, as people hero imagine, thorn would be an end to tho Russian Kmpire. Neither Count von llerchtold, th Austro-Hungarinn foreign MinistT, ' nor .M. Sazonofl', tim Russian foreign head, is n doctrinaire. Neitlier states man holds n brief for European penco. They have, however, tho welfare of their respectivo countries nt lienrt nnd both are firmly convinced that thoy can adequately further these, nimi under tho now conditions created by tho Balkan war by keeping to diplo matic methods. Any indication of n ehnngo for lho worst) in tim situation would assuredly ' j)c perceived by these statesmen first, 1 , , , . . , . , ",ul 1 nm n,,, to n(Iin" ,lut l f them has yet discerned any QUIET AT TCHATALDJA. ,,,, , ,t ., . , ... . ' "k "mI !,h"VP, ""Inee. i mat or rirliiK. ."pei-iat Cable Detpnteh to Tun Stv I l.o.sno.v, Nov. L'6. The correspondent oi mo j lines tcicgrapiilng under yea- terd.iy's dato from tho Tchataldja lines says: "Since my last despatch there Iiim been no lighting on ho lines beyond a few affairs at tho outposts. The heavy gunllro has been desultory. "Meanwhile tho Turku havn plied thn pick and shovel with such good will that 1 um more and more convinced ..,, .., ... .!, , ... '"l"i o" ui pics.iu.o from another quarter the allies will not -''4, the losses which direct operations would entail. J' , " ' ' L' ,,, ,,;, . , .1 " "1 ConHtautlnople, In the Interest!! of fair play I cannot Indlcnto tho second nnd third positions. Their strength must prove an tmportnnt factor In thn cur- ''"'""v -a- flr,"Y V "n tt tt Ic.n ttrnt whatever Plight bo lho ciiiiso of Hie delay ino Itnliroi'l I 1 ... K "l '., U1IH ,,,on"b j I am poalllro that no serlom il 1